Remarks: This Act applies to all work performed under an employment contract or within a state civil servant’s or municipal officeholder’s service relationship, unless otherwise provided. This Act does not apply: 1) to work which must be considered management of an undertaking, corporation or foundation or an independent part thereof by virtue of the relevant duties and of the employee's position otherwise, or independent work directly comparable to such management; 2) to employees who perform religious functions in the Evangelical Lutheran Church, Orthodox Church or some other religious community; 3) to work performed by an employee at home or otherwise in conditions where it cannot be considered a duty of the employer to monitor arrangement of the time spent on said work; 4) to forest, forest improvement and timber-floating work or to related work, excluding mechanical forest and forest improvement work and short distance timber transport performed off-road; 5) to work performed by members of the employer's family; 6) to reindeer husbandry; 7) to fishing and processing of the catch immediately connected therewith; 8) to work where the working hours have been separately prescribed or which is covered by another act on working hours, under which it has been exempted from working hour restrictions; or 9) to work performed by civil servants that is covered by the Act on the working hours of Defence Force civil servants (218/1970) or by civil servants of the Frontier Guards, unless otherwise prescribed by decree. Section 1,2
Name of Act
Employment Contracts Act, Act No. 55 of 2001, as amended up to Act No. 579/2006.
Remarks: This Act does not apply to: 1) employment relations or service obligations subject to public law; 2) ordinary hobby activities; 3) such contracts on work to be performed which are governed by separate provisions by law. Section 2
Name of Act
Act on Young Workers, Act No. 998 of 1993, as amended up to Act No. 1517 of 2009
Remarks: This Act shall apply to work done by a person under 18 years of age (young worker) in an employment relationship in the private or public sector, in addition to the general legislation that covers them, Section 1.
Name of Act
Annual Holidays Act, Act No. 162 of March 2005, as amended by the Act No 1448/2007.
Remarks: Unless otherwise provided by law, this Act applies to all work carried out as part of an employment relationship or civil service relationship. Section 1
Name of Act
Act on the Employment of Household Workers, Act No. 951/1977, as amended up to Act No. 480/2011.
Remarks: This Act applies to workers who carry out household work at the employer's home on the basis of an employment contract, with the exceptions specified below. The provisions of the Employment Contracts Act (55/2001) apply to the employment contract referred to in paragraph 1 unless otherwise provided in this Act. (73/2001) This Act does not apply to: 1) members of the employer's family who live permanently in the employer's household; 2) workers above the age of 18 who have made an employment contract for a period shorter than one month, or who are to work a maximum of one day a week for the same employer under their employment contract, or whose regular hours working for the same employer do not exceed three hours a day; 3) household trainees working under the supervision of State authorities; 4) children's nurses registered as such in the central register of health care professionals referred to in the Act on the National Authority for Medicolegal Affairs (1074/1992) if their work solely comprises child care and functions directly related to it; and (562/1994) 5) persons who care for the sick. Section 1,2
Name of Act
Occupational Safety and Health Act, Act No.738 of 2002
Remarks: (1) This Act applies to work carried out under the terms of an employment contract and to work carried out in an employment relationship in the public sector or in comparable service relation subject to public law. (2) This Act does not apply to ordinary hobby activities or professional sports activities. (3) This Act imposes obligations on employers and employees as parties to the legal relationship referred to in subsection 1 in the manner provided below. (4) In addition to the provisions of this Act, the provisions of other applicable statutes regarding occupational safety and health in certain kinds of work activities shall be observed. Section 2
Other source used
Collective Agreement between The Federation of Finnish Technology Industries and The Finnish Metalworkers´ Union, for the period of 1 October 2009 - 30 September 2012.
Remarks: This collective agreement is generally binding and applies to the majority of manufacturing workers. Section 1
LEGAL DEFINITIONS
Night work(er)
"Night work" shall mean work carried out in the interval between 23.00 and 06.00.
Working Hours Act S.26
Shift work(er)
"Shift work" shall mean the work which involves regular changes in working shifts and at intervals agreed upon in advanced. Change is considered regular when a shift does not coincide for more than an hour with the immediately following shift or the shifts are no more than an hour apart.
Working Hours Act S.27
On-call work
Work carried out only from time to time within the 24-hour period during which the employee must be available for work. An employer and an employee can agree that the employee is required to remain at home or otherwise available to be called in to work when necessary.
Working Hours Act S.5(1),14
Domestic worker
"Domestic workers" shall mean workers who carry out household work at the employer’s home on the basis of an employment contract.
Act on the Employment of Household Workers S.1
Young worker
"Young worker" shall mean a person between 18 and 15 years old who is not liable to compulsory school attendance and who is engaged in an employment relationship whether in the private or public sector.
Furthermore, a person may be admitted to work if he has reached the age of 14 years or will reach that age in the course of the calendar year and if the work in question consists of light work that is not hazardous to his health or development and does not hinder school attendance, as follows: 1) for at most half of the school holidays, and 2) temporarily during schoolwork or otherwise, for individual work performances of a short duration.
For a special reason, a person younger than 14 years old may be permitted to work temporarily as a performer or an assistant in artistic and cultural performances and other similar events.
Act on Young Workers S.1,2
NORMAL HOURS LIMITS
Daily hours limit
General limit
Regular working hours shall not exceed eight hours a day.
Working Hours Act S.6(1)
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
Hours averaging Employer and employee can agree to extend regular daily working hours by a maximum of one hour, provided that average regular weekly working hours do not exceed 40 during a period of not more than four weeks; weekly working hours cannot exceed 45. It can be agreed by collective agreement with nationwide employee organizations on regular working hours which exceed the 8 hour limit, provided an average of 40 hours a week during a maximum of 52 weeks is worked.
Working Hours Act S.9(1), 12
Special categories
» Night work
In case of night work that is particularly dangerous, or physically or mentally highly stressful, the maximum hours of work that a worker may perform is set in 8 per day.
Working Hours Act S.26
» On-call work
Exceptions from the 8 hour limit can be granted by the Office of the Occupational Safety and Health Inspectorates or agreed by nationwide employer and employee organizations in the case of work which is carried out only from time to time within the 24-hour period during which the employee must be available for work.
Working Hours Act S.14
» Young workers
During the school year, the daily working hours of a person of school age shall not exceed 7 hours on days when there is no school and 2 hours on school days. The total length of the school day and working hours cannot, however, exceed 8 hours or the weekly working hours 12 hours. The working hours of a person under the age of 15 shall not exceed 7 hours a day during the school holidays.
Act on Young Workers S.4
» Domestic work
Regular working hours for domestic workers shall not exceed 9 hours per day.
Act on the Employment of Household Workers S.4(1)
Weekly hours limit
General limit
Regular working hours shall not exceed 40 hours a week.
Working Hours Act S.6(1)
Historical data (year indicates year of data collection)
2009: 40 hours
2007: 40 hours
1995: 40 hours (120 hours in a 3-week period or 80 hours in a 2-week period)
Reference period(s)
The regular weekly working hours can also be arranged in such a way that the average is 40 hours over a period of no more than 52 weeks.
Working Hours Act S.6
Exceptions
Unless otherwise provided by collective agreement, an employer and an employee can agree to extend regular daily working hours by a maximum of one hour. However, average regular weekly working hours cannot exceed 40 during a period of not more than four weeks. Weekly working hours cannot exceed 45.
It can be agreed by collective agreement with nationwide employee organizations on regular working hours which exceed the 40 hours limit, provided an average of 40 hours a week during a maximum of 52 weeks is worked.
Certain sectors and occupations are subject to a 120 hour limit over a 3 week period or an 80 hour limit over a 2 week period including the police; the television, telephone and radio sectors; hospitals and prisons that operate on a 24-hour basis; the transport sector and hotels.
In order to organize work in a practicable way, regular working hours can be arranged so that they do not exceed 240 hours during two consecutive three-week or three consecutive two-week periods. Regular working hours shall not exceed 128 hours during either of the three-week periods or 88 hours during any of the two-week periods.
Working Hours Act S.7, 9, 12
Special categories
» Shift work
In order to avoid unreasonable hours, a 240 hour limit can be introduced over either two 3 week periods or three 2 weeks periods. The worker cannot work more than 128 hours in either of the 3 week periods or more than 88 hours in any of the 2 week periods.
Working Hours Act S.7(2)
» Flexitime work
When working hours are flexible the maximum hours of work that a worker may performed is 40 per week on average.
Working Hours Act S.13
» On-call work
Exceptions from the 40 hour limit can be granted by the Office of the Occupational Safety and Health Inspectorates or agreed by nationwide employer and employee organizations in the case of work which is carried out only from time to time within the 24-hour period during which the employee must be available for work.
Working Hours Act S.14
» Young workers
The regular working hours of a person who has reached the age of 15 years shall not exceed those of workers who have reached the age of 18 years and are engaged in the type of activity in which the young worker is employed.Therefore, no worker under 18 years old may carry out more than 40 hours per week.
The working hours of a person under the age of 15 shall not exceed 35 hours a week during the school holidays.
Act on Young Workers S.4
» Agricultural workers
The 40 hour limit can be averaged over a 3 month period under an agreement between the individual worker and employer.
Working Hours Act S.12.2
» Domestic work
Regular working hours for domestic workers shall not exceed 45 hours per week or a total of 90 hours over two weeks.
Act on the Employment of Household Workers S.4,5
OVERTIME WORK
Criteria for overtime
Worker`s influence
Employees can be required to work additional hours only with their consent unless additional work has been agreed upon in their employment contract. In such cases, however, employees are entitled to refuse additional work on days which are entered as free time on the work shift schedule, provided they have a justifiable personal reason.
Working Hours Act S.18
Limits on overtime hours
General limits
The maximum amount of overtime during a four-month period is 138 hours, though 250 hours must not be exceeded in a calendar year.
Working Hours Act S.19(1)
Historical data (year indicates year of data collection)
2009: 138 hours over a 4 month period and 250 hours over a 12 month period.
2007: 138 hours over a 4 month period and 250 hours over a 12 month period
1995: 20 hours in any 2-week period. 200 hours in any calendar year.
Restrictions/exceptions
AGREEMENT: Individual workers can agree to work additional overtime hours, to a maximum of 80 hours in a 12 month period. The limit of 138 hours over a 4 month period cannot, however, be exceeded.
Collective agreements can modify the 4 month and 12 month reference periods, to a maximum of 12 months, and with a limit of 138 hours or 250 overtime hours.
Preparation and completion work can be agreed upon in the employment contract. Employees can be required to do up to five hours of such work per week in addition to the maximum overtime hours set forth in the general limit.
In cases of FORCE MAJEURE; when an unexpected event interrupts or seriously threatens to interrupt regular operations or to put life, health or property at risk, the prescribed or agreed regular working hours can be exceeded as required by the said causes, though not longer than two weeks.
Working Hours Act S.19, 20, 21
Compensation for overtime work
Overtime rate(s)
The wage payable for the first two hours of overtime above the daily regular working hours shall be the regular wage plus 50 per cent, and for additional hours the regular wage plus 100 per cent.
Working Hours Act S.22
Historical data (year indicates year of data collection)
2009: 50% increase (first two hours)
100% increase (additional hours)
2007: 50% increase (first two hours)
100% increase (additional hours)
1995: 50% premium for first 2 hours; 100% thereafter.
Exceptions
By agreement, payment for overtime hours can be partly or entirely converted into compensatory rest. This time-off must be granted within six months of the overtime having been worked, unless otherwise agreed.
Working Hours Act S.23
Special categories
Domestic work
For workers covered by the Act on the Employment of Household Workers, the performance of overtime work is possible for a time not exceeding 6 hours a day, 24 hours in two weeks, and a total of 320 hours a calendar year, provided that they agreed to overtime work.
Working hours in excess of 90 hours over a period of two weeks shall be considered overtime, even if the working hours on any one day did not exceed 9 hours.
In case of emergency work, when an accident, sudden case of illness or other similar, unforeseeable event in the employer’s household, has put or seriously threatens to put life, health or property at risk, workers can be required to work above the regular working hours, provided that a period of 2 weeks and a total of 20 hours are not exceeded.
Emergency work is not considered overtime work. However this kind of work is remunerated at the same rate as overtime work.
Therefore, the remuneration to which domestic workers are entitled for the performance of overtime and emergency work is as follows; 150% the regular rate of payment for the first 2 hours and 200% the regular rate of payment from the third hour onwards.
Act on the Employment of Household Workers S. 7, 8, 13(1)
Shift work
Shift workers can agree that 5 overtime hours can be worked in addition to the general limit in work that must be carried out before or after other workers have performed their ordinary hours, where it is required to pass on necessary information.
Working Hours Act S.20
Young workers
A person who has reached 15 years of age may, with his own consent, perform overtime work for no more than 80 hours in the course of one calendar year, in addition to regular daily working hours or other regular working hours.
A person under the age of 15 shall not be made to do overtime or emergency work. A person who has reached 15 years of age may be required to do emergency work only if employees over the age of 18 are not available to do the emergency work in question.
In cases where overtime or emergency work is performed by a worker under 18 years old, his working hours shall not exceed nine hours a day or 4 hours a week.
Act on Young Workers S. 5, 6
SCHEDULES
General
Each workplace must have a work schedule indicating the beginning and end of employees’ regular working hours and placement of the rest periods. The work schedule and the working hours adjustment system must be drafted to cover the same period, unless this is extremely difficult due to the duration of the reference period or the irregularity of the work concerned. The work schedule must, however, cover as long a period as possible. Employees must be provided with a written work schedule in good time, or at least one week before the start of the period the schedule concerns. Thereafter, the schedule can be altered only with the consent of the employee/s concerned or for some compelling reason related to the arrangement of work.
Working Hours Act S.34, 35
REST PERIODS
Rest breaks
General provisions
If the daily working hours exceed 6 hours and the worker’s personal attendance is not necessary, he or she is entitled to an one-hour break with the possibility of leaving the workplace.
Working Hours Act S.28(1)
Historical data (year indicates year of data collection)
2009: If the daily working hours exceed 6 hours and the worker's personal attendance is not necessary, he or she is entitled to an one-hour break with the possibility of leaving the workplace.
2007: If daily working time exceeds 6 hours, workers are entitled to a rest break of at least 30 minutes.
If the worker's personal attendance is not necessary, he or she is entitled to an one-hour break with the possibility of leaving the workplace.
The employer and worker may reach agreement that the rest break will be shorter than one hour, but not less than 30 minutes.
If working time is more than 10 hours, workers are entitled, if they wish, to a 30-minute break after 8 hours of work.
1995: 1 hour if daily working time exceeds 7 hours.
Exceptions
The employer and worker may reach agreement that the rest break will be shorter than one hour, but not less than 30 minutes. If working time is more than 10 hours, workers are entitled to a 30-minute break after 8 hours of work.
Working Hours Act S.28(1)
Special categories
» Shift work
If working hours in shift or period-based work exceed six, employees must be allowed a rest period of at least half an hour or an opportunity to eat while they are working.
Working Hours Act S.28(1)
» Young workers
Where the daily working hours of young workers are in excess of four hours thirty minutes, said employees shall be granted a rest period of at least thirty minutes in the course of their work, during which they shall be free to leave the workplace.
Act on Young Workers S.8
» Domestic work
The time spent for a domestic worker in taking his meal is counted as working time. However, rest breaks of a minimum of one hour during which the worker is released from his or her duties and is allowed to leave the workplace freely are excluded from counting as working time under the Act on the Employment of Household Workers.
Act on the Employment of Household Workers S.6
» Pregnant workers/recent birth
Pregnant women and breast-feeding mothers shall, when necessary, have an opportunity to go to rest in a break room or other suitable place.
Occupational Safety and Health Act S.48(2)
Daily rest periods
Duration
During the 24 hours following the beginning of a work shift, employees must be given an uninterrupted rest period of at least 11 hours for 9 hours of continuous work.
Working Hours Act S.29
Historical data (year indicates year of data collection)
2009: 11 hours of continuous rest for 9 hours of continuous work.
2007: 11 hours of continous rest for 9 hours of continuous work.
1995: At least 9 hours.
Special categories
» Young workers
A person of 15 years or older shall be granted at least 12 consecutive hours of rest in every 24 hours. A person under the age of 15 shall be granted at least 14 consecutive hours of rest in every 24 hours.
Act on Young Workers S.8
» Domestic work
Household workers are entitled to a daily rest period of at least 9 hours.
Working Hours Act S.7(1), 29(1)
Weekly rest periods
Duration
» General
Working hours must be organized to allow employees at least 35 hours of uninterrupted free time each week, preferably around a Sunday.
Working Hours Act S.35
Historical data (year indicates year of data collection)
2009: 35 hours.
1995: 30 hours.
» Exceptions
The weekly rest period can be arranged so that it averages 35 hours within a 14-day period, provided that at least the worker enjoys a rest of 24 hours each week.
Derogations can be made from the provisions of this section if the regular working hours are less than 3 hours per day, in caring for farm animals and in urgent sowing and harvesting work.
Working Hours Act S.31(1)
Day specified
» General
Where possible the weekly rest period is to be enjoyed around the Sunday.
Working Hours Act S.31
Work on weekly rest day
» Criteria
Employees can be required to work on a Sunday or church holiday only when the work concerned is regularly carried out on the said days due to its nature, or when agreed upon in the employment contract, or with the separate consent of the employees.
Working Hours Act S.33
» Compensation (for working on a rest day)
The wage payable for Sunday work performed as part of regular working hours is twice the regular wage. Overtime work has to be remunerated accordingly.
Working Hours Act S.33
Special categories
» Shift workers
In uninterrupted shift work, free time can be organized to average 35 hours within a maximum of 12 weeks. Weekly free time must, however, be at least 24 hours. With the consent of the employee concerned, this procedure is also applicable when technical conditions or the organization of work so require.
Working Hours Act S.31
» Young workers
Young workers shall be granted a weekly rest of at least 38 consecutive hours.
Act on Young Workers S.8
» Domestic workers
Workers covered by the Act on the Employment of Household Workers have to be granted not less than 30 hours rest on a weekly basis, either on a Sunday or, if this is not possible, on some other day.
The wages payable on work carried out on a Sunday shall be twice the regular wage. If Sunday work comprises overtime or emergency work, an additional remuneration must be paid.
Act on the Employment of Household Workers S.10(1), 14
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
In order to be entitled to enjoy 2 and a half days of annual leave for each full holiday credit month, the worker shall have worked an uninterrupted period of not less than one year. To this respect a full holiday credit month shall mean a calendar month during which an employee has accumulated at least 14 days at work or the equivalent of days at work.
In case the worker has performed less than one year of uninterrupted work, he shall be entitled to enjoy 2 days of annual leave with no need of qualifying period.
Annual Holidays Act S.5,6
Duration
» General
An employee is entitled to 2 weekdays for each month worked and 2.5 weekdays for each month worked after one year of employment.
Annual Holidays Act S.5
Remarks: A weekday shall mean a day other than Sunday or specified holidays. Therefore, a worker who is employed less than 1 year is entitled to 20 working days holidays. Annual Holidays Act Section 4
Historical data (year indicates year of data collection)
2009: 2 weekdays for each month worked
2.5 weekdays for each month worked after one year of employment
2007: 2.5 days for each month worked
1995: 2,5 days per month after 1 year of service.
Payment
» Amount
An employee is entitled to receive at least his/her regular or average pay for the time of his/her annual holiday.
Annual Holidays Act S.9, 10
Schedule and splitting
An employee is granted annual holiday at a time determined by the employer, unless the employer and the employee agree on arranging the holiday in other manner.
A total of 24 days of leave must be taken in the summer holiday season (2 May to 30 September). The remainder ("Winter holiday") must be taken by the start of the following holiday season. Summer and winter holidays must be granted as uninterrupted periods unless, for work continuity reasons, it is essential to divide the portion of the summer holiday exceeding 12 days into one or more parts.
Annual Holidays Act S.4, 20
Special categories
» Domestic work
Relevant provisions excluding domestic workers from the scope of the annual leave regulations have been not identified. Therefore they shall be covered by the general provisions.
Annual Holidays Act S.1(1)
» Part-time work
An employee who, in accordance with his/her contract, works for less than 14 days or 35 hours during all calendar months is entitled to two weekdays of leave for each calendar month. The holiday pay of an employee working fewer than 14 days per calendar month and not receiving weekly or monthly pay, is 9 per cent or, if the employment relationship has lasted for at least one year by the end of the holiday credit year preceding the holiday season, 11.5 per cent, of the pay received, or pay in arrears, for the time at work during the holiday credit year, excluding any sum payable for emergency overtime work and statutory or agreed overtime work.
Annual Holidays Act S.8(1), 12, 16
PUBLIC HOLIDAYS
Number and dates
New Year’s Day, 1 January; Epiphany, 6 January; Good Friday, 6 April; Easter Monday, 9 April; Vappu (May Day), 1 May, Ascension Day, 17 May; Midsummer’s Eve, 22 June; Independence Day, 6 December; Christmas Eve, 24 December; Christmas Day, 25 December and Boxing Day, 26 December.
Remarks: An specific Law containing the list of public holidays in Finland has not been identified. The information provided is extracted from the Annual Holidays Act and from the Collective Agreement between The Federation of Finnish Technology Industries and The Finnish Metalworkers´ union, for the period of 1 October 2009 - 30 September 2012.
Payment
The employee shall be paid for 8 hours at the average hourly earnings rate in compensation for a public holiday day.
Collective Agreement S. 17
EMERGENCY FAMILY LEAVE
Employees shall be entitled to temporary absence from work if their immediate presence is necessary because of an unforeseeable and compelling reason due to an illness or accident suffered by their family. Employees must notify the employer of their absence and its reason as soon as possible. If the employer so requests, employees must present a reliable account of the grounds for their absence. The employer is not required to pay the employee remuneration for the duration of the family leave.
Employment Contracts Act Chapter 4. Section 7 and 8
PART-TIME WORK
Annual leave
An employee who, in accordance with his/her contract, works for less than 14 days or 35 hours during all calendar months is entitled to two weekdays of leave for each calendar month.. The holiday pay of an employee working fewer than 14 days per calendar month and not receiving weekly or monthly pay, is 9 per cent or, if the employment relationship has lasted for at least one year by the end of the holiday credit year preceding the holiday season, 11.5 per cent, of the pay received, or pay in arrears, for the time at work during the holiday credit year, excluding any sum payable for emergency overtime work and statutory or agreed overtime work.
Annual Holidays Act S.8(1), 12, 16
Right to equal treatment
Right/scope
Less favourable employment terms than those applicable to other employment relationships must not be applied to part-time employment relationships merely because of the duration of the working hours.
Employment Contracts Act Chapter 2. S.2
Permissable justification for different treatment
Less favourable employment terms are permissible where there is proper and justified cause.
Employment Contracts Act Chapter 2. S.2
NIGHT WORK
Criteria for night work
"Night work" shall mean work carried out in the interval between 23.00 and 06.00. An employer must notify the labour protection authorities about the performance of regular night work, when the said authorities so request.
Working Hours Act S.26
Limits
Night work is allowed only in special circumstances: 1) in period-based work; 2) in work which has been divided into three or more shifts; 3) in work which has been divided into two shifts, but only until 01.00; 4) in the maintenance and cleaning of public roads, streets and airfields; 5) in pharmacies; 6) at newspapers and magazines, news and photographic agencies and in other media work, and in the delivery of newspapers; 7) in service and repair work which is necessary to allow work to proceed regularly in undertakings, corporations or foundations, or in work which cannot be carried out simultaneously with the regular work of the workplace concerned or which is necessary in order to prevent or confine losses; 8) at peat sites during the peat extraction season; 9) at sawmill drying houses; 10) in heating work at greenhouses and drying plants: 11) with the employee’s consent, in urgent sowing and harvesting, in work directly related to parturient farm animals or to the treatment of ill farm animals and in other such farm work which cannot be postponed due to its nature; 12) with the employee’s consent in bakeries; between 05.00 and 06.00 such consent is not, however, required; 13) in work which is carried out almost completely at night due to its nature; 14) with permission from and under conditions set by the Regional State Administrative Agency, in work where the technical nature or other specific reasons so require.
Working Hours Act S.26
Daily hours limit
The legislation provides a 8 working hour limit per day in night work that is particularly dangerous, or physically or mentally highly stressful.
However relevant provisions on such limit for the performance of night work which is no particularly dangerous or stressful have been not identified.
Working Hours Act S.26
Weekly hours limit
none
Rest breaks
The employer shall, when necessary, provide the employee performing night work with an opportunity for having meals if the length of the working time requires it and if providing meals is appropriate in view of the circumstances. The employer may charge the employee a reasonable payment for the meal.
Occupational Safety and Health Act S.30
Transfers
An employee performing night work shall, when necessary, be provided with an opportunity to change tasks or move over to daywork if this is possible in consideration of the circumstances and if changing tasks is necessary, in view of the employee’s personal capacities, in order to eliminate risks arising from the conditions of the workplace or the nature of the work to the employee’s health.
Occupational Safety and Health Act S. 30
Special categories
Young workers
The working hours of a person who has reached the age of 15 shall fall between 6 a.m. and 10 p.m. (6.00 and 22.00).
Young workers who have reached the age of 15 years and are employed for training purposes in jobs approved and supervised by the public authorities may, however, only be employed in a two-shift system until 12 midnight (24.00).
The working hours of persons under 15 years of age shall fall between 8 a.m. and 8 p.m. (8.00 and 20.00). For impelling reasons related to the organization of work, persons under 15 years can, however, be employed between 6 a.m. and 8 p.m. (6.00 and 20.00).
However, with the worker’s consent, it shall be possible for the working hours of a young worker performing domestic work at the employer’s home to last until 11 p.m. (23.00), if it is necessary for a special reason.
Act on Young Workers S.7
Domestic work
Domestic workers cannot be required to work during the night, unless in the following cases: 1) to carry out emergency work; 2) with the worker’s consent, in a stand-by function or to carry out related work; or 3) with the worker’s consent, temporarily if required for a compelling special cause.
Act on the Employment of Household Workers S.9
SHIFT WORK
Criteria for shift work
"Shift work" shall mean the work which involves regular changes in working shifts and at intervals agreed upon in advanced. Change is considered regular when a shift does not coincide for more than an hour with the immediately following shift or the shifts are no more than an hour apart.
To this respect, night shift refers to a work shift of which at least three hours take place between 23.00 and 06.00.
Working Hours Act S.27
Limits
Weekly limit
In order to avoid unreasonable hours, a 240 hour limit can be introduced over either two 3 week periods or three 2 weeks periods. The worker cannot work more than 128 hours in either of the 3 week periods or more than 88 hours in any of the 2 week periods.
Working Hours Act S.7(2)
Overtime work
Shift workers may agree to perform up to 5 working hours per week in excess of the overtime general limit, where this is necessary to allow the performance of the subsequent shift, such is the case where the exchange of information between employees is needed.
Working Hours Act S.20
Schedule
Shifts must change regularly and at intervals agreed upon in advance. Change is considered regular when a shift does not coincide for more than an hour with the immediately following shift or the shifts are no more than an hour apart.
Working Hours Act S.27
Daily rest period
If working hours in shift or period-based work exceed six, employees must be allowed a rest period of at least half an hour or an opportunity to eat while they are working.
Working Hours Act S.28(1)
Weekly rest period
In uninterrupted shift work, free time can be organized to average 35 hours within a maximum of 12 weeks. Weekly free time must, however, be at least 24 hours. With the consent of the employee concerned, this procedure is also applicable when technical conditions or the organization of work so require.
Working Hours Act S.31
ON-CALL WORK
Criteria
Work carried out only from time to time within the 24-hour period during which the employee must be available for work. An employer and an employee can agree that the employee is required to remain at home or otherwise available to be called in to work when necessary.
Working Hours Act S.5(1), 14
Prohibitions and limitations
The length and frequency of stand-by time must not excessively disrupt the employee’s free time.
Working Hours Act S.5(1)
Limits
Daily hours limit
Exceptions to the 8 working hour limit per day may be agreed by employer and employee´s organizations with application nationwide.
Working Hours Act S.14
Weekly limit
Exceptions to the 40 working hour limit per week may be agreed by employer and employee´s organizations with application nationwide.
Working Hours Act S.14
Calculation of working time
Generally, stand-by time is not included in working hours.
Upon agreeing on stand-by, the employer and employee must also agree on remuneration for it. The restrictions imposed by stand-by on the employee’s use of free time must be taken into consideration in the amount of the remuneration. At least half of the time the employee spends on stand-by at home must be remunerated either in pay or by corresponding free time during regular working hours.
In case of domestic workers obliged by contract to remain at home in order to be available if they are called to work comprising child minding or care of a sick family member or another member of the household, no less than half such stand-by time shall count as working hours and remunerated accordingly.
Working Hours Act S.5 Act on the Employment of Household Workers S.6
FLEXITIME
Criteria
An employer and an employee can agree on flexible working hours allowing the employee, within set limits, to determine the beginning and the end of the daily working hours. When agreeing on flexible working hours, agreement must also be made at least on the fixed working hours, the limits of flexibility within 24 hours, the timing of rest periods and the maximum accumulation of hours in excess or falling short of the regular working hours (to a maximum of 40 hours).
Working Hours Act S.13
Limits
Daily hours limit
The 8 hour limit can be reduced or increased by a maximum of 3 hours, provided weekly working time is 40 hours on average. The additional daily hours can be compensated with free time.
Working Hours Act S.13(1)-(3)
Weekly limit
The average weekly working hours may not exceed 40. An employer and an employee can agree to reduce hours accumulated in excess of regular working hours by free time granted to the employee.
Working Hours Act S.13
CASUAL WORK
Relevant provisions on casual work have been not identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
The employer is entitled to change the employment relationship unilaterally into a part-time relationship if the work to be offered has diminished substantially and permanently for financial or production-related reasons or for reasons arising from reorganization of the employer’s operations.
Part-time workers have a priority right to full-time work if the employer is looking for more workers. If workers would need training to perform the work and where it is reasonable to demand the employer to provide such training, the employer shall provide the training.
Agreements to reduce the working time of workers on social or health grounds are valid for a period of 26 weeks each time.
Working Hours Act S.15
Reasons for request
Parents
An employee who has been employed by the same employer for a total period of at least six months during the previous 12 months is entitled to take partial child-care leave in order to care of his or her child, or some other child living permanently in the employee´s household, up to the end of the second year during which the child attends basic education.
Employment Contracts Act Chapter 4 Section 4
Older workers
Workers wishing to partially retire are entitled to change their working time to part-time work if this is feasible from the employer’s side.
Working Hours Act S.15
Medical reasons
Employers shall attempt to accommodate for workers who due to social or health reasons would like to reduce their working time to part-time.
Working Hours Act S.15
Procedure
For the part-time work for other social and health reasons, the employer and employee must make a fixed-term contract in force for a maximum of 26 weeks at a time which indicates at least the daily and weekly working hours.
Working Hours Act S.15
General
If an employee wishes, for other social or health reasons, to work less than the regular working hours, the employer must seek to arrange work so that the employee can work part-time.
Working Hours Act S.15
Parents
The employer and the employee shall agree on partial child-care leave and the detailed arrangements concerning it as they see fit. The employer cannot refuse to agree on or grant such leave unless the leave causes serious inconvenience to production or service operations that cannot be avoided through reasonable rearrangements of work. The employer must provide the employee with an account of the grounds for its refusal.
Employment Contracts Act Chapter 4. Section 4
Older workers
If an employee wishes to work fewer than the regular working hours in order to retire on part-time pension, the employer shall seek to organize the work so that the employee may do part-time work. Working hours shall be reduced in a manner agreed upon by the employer and the employee, taking into consideration the needs of the employee and the production and service activities concerned.
Working Hours Act S.15
Right to information
The employer shall provide information on vacancies in accordance with practice generally adopted in the enterprise or at the workplace in order to ensure that part-time and fixed-term employees have the same opportunity of applying for these jobs as permanent or full-time employees.
Employment Contracts Act Chapter 2 Section 6
INFORMATION & CONSULTATION
Information
The employer shall provide the employee with written information on the principal terms of work. Such information may be given in one or several documents or by a reference to legislation or a collective agreement applicable to the employment relationship, including aspects like the regular working hours or the manner of determining annual holiday.
Employment Contracts Act S.4
Results generated on: 18th April 2024 at 03:46:24.
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